The National Labor Relations Board (NLRB) is expected to propose new rules today that will dramatically reduce the time frame for union elections in the workplace. Typically, union elections are held within 45-60 days after a union has obtained the necessary signatures to file a petition. Though not specified, the new rules could cut that time by days or even weeks. The new rules will also have the effect of significantly limiting the time businesses can counter union organizing campaigns.

In the notice of proposed rulemaking, the majority of the NLRB, who were appointed by President Obama, claim that the proposed amendments (rules) will:

• Allow for electronic filing of election petitions and other documents.
• Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process.
• Standardize timeframes for parties to resolve or litigate issues before and after elections.
• Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and eliminate unnecessary litigation.
• Defer litigation of most voter eligibility issues until after the election.
• Require employers to provide a final voter list in electronic form soon after the scheduling of an election, including voters’ telephone numbers and email addresses when available.
• Consolidate all election-related appeals to the Board into a single post-election appeals process and thereby eliminate delay in holding elections currently attributable to the possibility of pre-election appeals.
• Make Board review of post-election decisions discretionary rather than mandatory.

Board Member Brian Hayes, the Board’s lone Republican dissented from the proposed rulemaking, stating among other arguments that less than 10 percent of elections involve preelection issues.

ALFA is dedicating resources to fight initiatives by organized labor, the NLRB and U.S. Department of Labor that compromise employee and employer rights. ALFA will be filing comments to these latest proposed rules on behalf of ALFA members. ALFA will also host a webinar on this and other labor issues that have significant importance to the senior living industry in July.

ALFA members may download the Labor Unions and Senior Living Tool kit free of charge. This valuable information is also available to non-members for $99.

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